New Jersey Lead Poisoning Attorney Obtains $1 Million Settlement for Child Poisoned by Lead Based Paint

Lead poisoning attorney from the New York and New Jersey-based personal injury law firm of Levy Phillips & Konigsberg, LLP, obtains a settlement of $1 Million on behalf of a nine-year-old boy poisoned by lead paint at the age of two. The settlement is believed to be the largest settlement for a single lead poisoned child in the State of New Jersey.

TRENTON, New Jersey, January 27, 2011 - New Jersey lead poisoning attorney Philip Monier, III, of Levy Phillips & Konigsberg, LLP, announced today that a settlement has been reached in the case of Tisha Perkins filed on behalf of her now nine-year-old son William Garcia¹, who sustained a number of severe injuries as a result of having been poisoned by lead paint while residing at their apartment in Garfield, New Jersey. The settlement in the amount of $1 Million is believed to be the largest settlement for a single lead poisoned child in the State of New Jersey.

For a period exceeding nine months after his family moved to their apartment in Garfield, NJ, in September, 2003, William Garcia was exposed to lead based paint, whose toxicity is known for its damaging effects to the health and development of children under the age of seven. William was only two when tests performed by his pediatrician revealed elevated lead-to-blood levels, with the highest readings ranging from 18 to 44 micrograms per deciliter, which is 8 to 34 micrograms greater than the standard elevated blood lead level for children.

William's mother, Tisha Perkins, subsequently filed a lawsuit against the building owner, who, as per the complaint, had failed to maintain and repair the apartment in a reasonably safe manner, which had caused her son to be exposed to hazardous lead-based paint conditions. In fact, the Garfield Health Department inspected the apartment that the plaintiffs rented and issued numerous lead based paint violations against the building’s owner.

Perkins' lawsuit claimed that her son's lead poisoning caused him to suffer cognitive impairments and attention deficits.  The family’s lead poisoning attorney Philip Monier, III, invited experts in the fields of pediatrics² and psychology³ to testify as to the extent of William's injuries.

The lawsuit also claimed that William's learning difficulties will prevent him from attaining certain academic and professional achievements and will lead to reduced earning capacity as an adult. An expert economist⁴ estimated that William will have lost future earnings totaling around $1.6 million.

At a deposition preceding trial, the defendant’s medical expert⁵ testified that William’s cognitive and behavioral problems were inborn and not casually related to his lead poisoning at the aforesaid apartment.

Following the defendant’s unwillingness to reconcile, a trial was set, however, just before jury selection, the parties announced that they reached a settlement agreement, according to which William Garcia will receive $1 Million paid out by the defendants’ insurance carriers, State Farm Insurance and New Jersey Manufacturers Insurance Company.

The defendant was represented by attorney Kenneth Zaremba of Ronca, Hanley, Nolan & Zaremba, LLP, with offices in Livingston, New Jersey.

For more than two decades, lead poisoning attorneys of Levy Phillips & Konigsberg, LLP, have consistently won landmark decisions and obtained for their lead poisoned clients some of the largest jury awards and settlements in the nation.

For more information about this or other lead poisoning lawsuits, please contact Levy Phillips & Konigsberg, LLP, at 212-605-6200 or 1-800-988-8005, 24 hours a day, 7 days a week.

¹ William Garcia by Tisha Perkins vs. Estate of Mary Godina, No. BER-L-4391-07 (N.J. Super., Bergen Vicinage);
² William Bithoney, M.D., pediatrics, Springfield, MA;
³ Edward Hoffman, Ph.D., psychology/counseling, New York, NY;
⁴ Gary M. Crakes, Ph.D., economics, Cheshire, CT;
⁵ Walter Molofsky, neurology, New York, NY.

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